Judge: John J. Kralik, Case: 22STCV20071, Date: 2023-02-17 Tentative Ruling

Case Number: 22STCV20071    Hearing Date: February 17, 2023    Dept: NCB

 

Superior Court of California

County of Los Angeles

North Central District

Department B

 

 

michael l. zinna,

                        Plaintiffs

            v.

 

douglas olsson,

 

                        Defendant.

 

  Case No.:  22STCV20071

 

  Hearing Date:  February 17, 2023

 

 [TENTATIVE] order RE:

motion to be relieved as counsel

 

 

Plaintiff’s counsel, Neil M. Sunkin of Law Office of Neil M. Sunkin, APC (“Counsel”), moves to be relieved as counsel for Plaintiff Michael L. Zinna (“Plaintiff”). 

Counsel filed this instant motion to be relieved as counsel on January 13, 2023.  Counsel has filed the requisite forms pursuant to CRC Rule 3.1362. 

According to the declaration of Counsel, Counsel seeks to be relieved as counsel because there has been a complete breakdown in the attorney-client relationship that has rendered Counsel’s continuing representation unreasonably difficult to carry out in this matter and Plaintiff has breached the material terms and failed to fulfill his obligations under the retainer agreement.  Counsel also states that he cannot ethically continue representing Plaintiff and will provide more information to the Court if necessary.  (MC-052, §2.)  For these reasons, Counsel seeks to withdraw from representing Plaintiff in this action. 

Counsel properly served Plaintiff at his last known mailing address, which was confirmed by email and the client’s business address within the past 30 days of filing the motion.  Defense counsel was also served with the motion by mail.

The Court sets a Case Management Conference for July 12, 2023, at 8:30 a.m.  Thus, there is sufficient time for Plaintiff to obtain substitute counsel.

The Court initially held a hearing on this matter on February 10, 2023.  The Court heard oral argument by Counsel and Plaintiff, and continued the hearing on the matter to February 17, 2023 so that the Court could confer with Counsel and Plaintiff in person regarding the motion to be relieved as counsel.

Counsel and Plaintiff are ordered to attend the hearing on February 17, 2023 at 8:30 a.m. to discuss this motion.  The Court will makes its determination at the hearing.

Notice to be provided by Counsel.